Article 104

Capital Requirements Directive (CRD) > TITLE VII > CHAPTER 2 > Section IV > Article 104
Article 104
Supervisory powers
Main content: 

1.    For the purposes of Article 97, Article 98(4) and (5), Article 101(4) and Article 102 of this Directive and of  the  application  of  Regu­ lation (EU) No 575/2013, competent authorities shall have at least the power to:

(a)    require institutions to have additional own funds in excess of the requirements set out in Regulation (EU) No 575/2013, under the conditions set out in Article 104a of this Directive;

(b)    require the reinforcement of the arrangements, processes, mech­ anisms and strategies implemented in accordance with Articles 73 and 74;

(c)    require institutions to submit a plan to restore compliance with supervisory requirements pursuant to this Directive and to Regulation (EU) No 575/2013 and set a deadline for its implemen­ tation, including improvements to that plan regarding scope and deadline;

(d)    require institutions to apply a specific provisioning policy or treatment of assets in terms of own funds requirements;

(e)    restrict or limit the business, operations or network of institutions or to request the divestment of activities that pose excessive risks to the soundness of an institution;
(f)    require the reduction of the risk inherent in the activities, products and systems of institutions, including outsourced activities;

(g)    require institutions to limit variable remuneration as a percentage of net revenues where it is inconsistent with the maintenance  of  a sound capital base;

(h)    require institutions to use net profits to strengthen own funds;

(i)    restrict or prohibit distributions or interest payments by an insti­ tution to shareholders, members or holders of Additional Tier 1 instruments where the prohibition does not constitute an event of default of the institution;

(j)    impose additional or more frequent reporting requirements, including reporting on own funds, liquidity and leverage;

(k)    impose specific liquidity requirements, including restrictions on maturity mismatches between assets and liabilities;

(l)    require additional disclosures.

2.    For the purposes of point (j) of paragraph 1, competent authorities may only impose additional or more frequent reporting requirements on institutions where the relevant requirement is appropriate and propor­ tionate with regard to the purpose for which the information is required and the information requested is not duplicative.

For the purposes of Articles 97 to 102, any additional information that may be required from institutions shall be deemed as duplicative where the same or substantially the same information has already been otherwise reported to the competent authority or may be produced by the competent authority.

The competent authority shall not require an institution to report ad­ ditional information where it has previously received it in a different format or level of granularity and that different format or granularity does not prevent the competent authority from producing information of the same quality and reliability as that produced on the basis of the additional information that would be otherwise reported.